(A) Compliance with yard requirements. Except as otherwise provided, the required yards shall be open and unobstructed from the ground to the sky. Yards provided for a building for the purpose of complying with the provisions of this code shall not be considered the yard for any other building, nor considered the yard for any other lot.
(B) Permitted yard obstructions. Obstructions are permitted in the required yards as follows:
(1) Cornices, canopies, eaves, and similar architectural features may not project more than two feet into a required yard;
(2) Fire escapes may project not more than four and one-half (4-1/2) feet into a required yard;
(3) Fences, hedges, plant materials and walls may be located in any yard provided that street-intersection corner traffic-visibility is maintained. Fences and walls in yards shall not exceed a height of six feet except uses per § 153.026(A)(2). Excluding the agricultural district, any fence or wall which projects into or encloses a required front yard shall not exceed a height of three feet and when on a corner lot, shall be constructed of a material which allows unobstructed vision (i.e. open chain link or decorative split rail) except uses per § 153.026(A)(2). In all zoning districts except the agriculture district, all fencing and screening shall comply with § 153.026(A). The Board of Zoning Appeals may modify these limitations through a requested variance;
(4) No fences, hedges, plant materials, walls or other obstructions to vision extending in excess of three feet above the established center-line grade of the street shall be erected or maintained on that part of the corner lot that is included between the right-of-way lines of intersecting streets and a line intersecting them at points of 25 feet distance from the intersection of the right-of-way lines of two streets or the right-of-way lines of a street and railroad. If there is no dedicated roadway right-of-way, the right-of-way is assumed to be based on the applicable roadway functional class as if the roadway right-of-way had been dedicated (being from the street center line 25 feet for a “local street”, 40 feet for a “collector” or “secondary arterial”, 60 feet for a “primary arterial”, and 75 feet for a “divided primary arterial”);
(5) Signs which are permitted as accessory uses in agriculture, residential and office districts, may be located within any yard which is bounded by a public street, provided the sign is at least one-foot from the property line, is not located in the sight triangle of any public street intersection if the sign exceeds three feet in height above the above the established center-line grade of the street, and does not obstruct sight distances on any exit driveway;
(6) In accordance with Use Unit 21, business (on-premises) and outdoor advertising (off-premises) signs which are permitted by right or special exception, may be located within any yard which is bounded by a public street, provided the sign is at least one-foot from the property line, does not obstruct vision in the sight triangle of any public street intersection (i.e., the sign cannot block vision between three feet and ten feet of height above the ground level of the approaching travel lanes to the intersection (nearest to the subject property if more than one approaching travel lane)), and does not obstruct sight distances on any exit driveway;
(7) Swimming pools, hot tubs, spas, tennis courts, patios, fallout and other protective shelters shall be located in the rear yard, shall not intrude into any dedicated easements, and shall have a minimum setback of ten feet from any side yard or rear lot lines;
(8) Private swimming pools (and all accessories thereto);
(9) Customary accessory structures, such as clotheslines, barbecue pits, unenclosed gazebos, and playground equipment are allowed in side and rear yards, but prohibited in front and street side yards; and
(10) If a lot abuts an alley intersection, any fence located within five feet of the intersection of any public right-of-way (street with alley or alley with alley) must be of a material which permits an unobstructed view (i.e. open chain link or decorative split rail). This shall be measured along the property line if the property line falls along the edge of the alley roadway. In the event the property lines of a lot fall within the alley roadway, the five feet of unobstructed vision shall be measured from the edge of the alley.
(C) Use of yards in residential and office districts.
(1) No inoperative or unlicensed motor vehicles (including recreational vehicles or trailers) shall be parked or stored within the front or exterior side yard in any residential or office district. No inoperative or unlicensed motor vehicles (including recreational vehicles or trailers) parked or stored in an exterior rear yard shall be from visible the public way or adjacent property in any residential or office district.
(2) No vehicle shall be parked except on a hard surfaced area constructed of dust free “all-weather material” (see § 153.270 definition) in any residential or office district.
(D) Satellite communications antennas. Satellite antennas are regulated as follows:
(1) Satellite antennas are a permitted use in RS/R-1, RT, R-2, RM/R-3, RMH, and O/R-O Districts provided they meet the following standards:
(a) Shall be ground mounted or mounted on the building roof provided the roof mounted antenna does not exceed four feet in height;
(b) Shall be setback from the perimeter property line(s) one foot for every foot in height;
(c) Ground mounted antenna shall not exceed 13 feet in height at the grade where it is mounted; and
(d) Shall not be permitted as a principal use on the lot.
(2) Satellite antennas are permitted as a matter of right in agricultural, business/commercial, and manufacturing districts. If the antenna is to be located on a lot which abuts an residential or office district, the antenna shall be setback from the common property boundary two feet for every one foot of height above grade.
(3) Satellite antennas which do not meet the standards as set forth above shall require approval of a variance by the Board of Zoning Appeals.
(4) Satellite antennas which have been installed prior to the effective date of this chapter shall be permitted to continue.
(Ord. 12-16, passed 8-8-12)